Digital Commons Network^™

Comparative Lessons For Enhancing Representation In The U.S. Judiciary - And Countering Democratic Decline, Shruti Rana

ConLawNOW

This Essay draws upon efforts to build more representative judiciaries in other countries and in international fora to identify promising strategies for enhancing representation in the U.S. judiciary, particularly with respect to gender and parity. It argues that efforts to enhance judicial representation and parity in the United States could benefit from incorporating and building upon international legal principles and the practices of international courts, institutions, and organizations with respect to parity and representation. Crucially, at the same time, efforts to ensure greater representation and parity in U.S. courts could further support the rule of law and counter democratic decline …

The Tuition-Poor, The Public University, And Equal Protection, Leonard P. Strickman

Florida Law Review

No abstract provided.

The Embodied Nature Of Representation: Reframing "Best Candidate" Narratives In Supreme Court Nominations, Susan Tanner

ConLawNOW

This Essay explores how discourse surrounding Supreme Court nominations reflects broader societal debates about merit, representation, and inclusion. Through analysis of the controversy surrounding President Biden’s commitment to nominate a Black woman to the Supreme Court, this piece examines three interconnected themes: the embodied nature of representation, the relationship between diversity and judicial legitimacy, and the problematic nature of “best candidate” narratives. It challenges traditional conceptions of merit in judicial nominations and argues for a more nuanced understanding that recognizes the value of diverse lived experiences on the bench.

Reaching Communities And Serving People: Assessing Utah's Legal Needs, Pamela Beatse J.D, Scotti Hill J.D, Keenan Carroll J.D., Hannah Kiely M.A

Utah Conference on Community Engagement

"Utah Legal Services (ULS) conducted a comprehensive legal needs assessment in 2024 to gather the necessary data and information to better meet its mission of providing high-quality civil legal aid without cost to people who are unable to afford legal representation or are facing disadvantages. Using the combination of an online survey, a series of focus groups throughout the Wasatch front, individual or group interviews, and several community soundboards, ULS conducted a broad, statewide survey. We connected with representatives, organizations, advocates, case managers, and leaders in the community as well as with client-eligible Utahns and ULS staff. This process allowed …

The Role Of Cyber Threats In Shaping National Security In Iraq, Athraa Mohammed Jaber, Aliaa Hameed Khayon

Imam Ja'afar Al-Sadiq University Journal of Legal Studies

Cybersecurity has become one of the most critical issues in our contemporary life due to its direct connection with various sectors of public life, such as politics, economy, security, culture, and others. Most countries rely on cybersecurity to protect their official and non-official institutions, especially their infrastructure. Focusing on cybersecurity and addressing vulnerabilities has become one of the top priorities for national security in any country.

Iraq’s national security suffers from major crises, some stemming from new technological transformations, creating additional security, economic, and social burdens. Cybersecurity has emerged as a modern and vital element of Iraq’s national security framework. …

Casa, Inc. V. Trump: Brief Of Amici Curiae Immigration Law Scholars Kristin Collins, Gerald Neuman, And Rachel Rosenbloom In Support Of Appellees, Kristin Collins

Appellate Briefs

USCA4 Appeal: 25-1153

Amici Kristin Collins, Gerald Neuman, and Rachel Rosenbloom are legal scholars with expertise in U.S. citizenship and immigration law. Amici have a professional interest in ensuring that the Court is properly informed with respect to the history and meaning of the birthright citizenship statute, 8 U.S.C. § 1401(a), and its importance to this case.

Automation Mismatch: How Contractor Ai Adoption Challenges Institutional Procurement Norms At U.S. Customs And Border Protection (Cbp), Farhan Bin Amjad

Beyond the Project Horizon: Journal of the Center for Project Management Innovation

This letter explores a growing strain in the U.S. federal procurement: the automation mismatch between AI-powered proposal development by contractors and the regulation-bound evaluation systems at agencies like U.S. Customs and Border Protection (CBP). Tools like Vultron and Unanet AI have enabled federal contractors to increase proposal submission volume, yet institutional constraints such as data sensitivity, budget limitations, and cultural barriers have hindered equivalent modernization on the government side. This article leverages institutional theory and prior research to analyze this disparity, highlighting how legal and cultural factors limit AI integration in procurement. Detailed analysis of these regulatory and cultural influences …

Front Matter, Editors Of Comparative Labor Law & Policy Journal

Comparative Labor Law & Policy Journal

Volume 45, Number 1

Introduction, Dalia Gesualdi-Fecteau

Comparative Labor Law & Policy Journal

Volume 45, Number 1

Preface, Valerio De Stefano, Sara Slinn

Comparative Labor Law & Policy Journal

Volume 45, Number 1

The Fragmentation And Complexity Of Labour Law, Effective Protections, And Better Work: An Analytical Framework, Dalia Gesualdi-Fecteau, Richard Johnstone, Geneviève Richard

Comparative Labor Law & Policy Journal

Labour law is a fragmented regulatory landscape bringing together multiple legal sources drawn from various areas of law, institutions, and interactions between multiple regulatory tiers and frameworks. This article offers a conceptual and analytical framework for understanding the intricate contemporary structure of labour law and its effectiveness in ensuring the protections it has historically been intended to provide. The article considers four types of legal fragmentation — temporal, vertical, horizontal, and institutional — distinguished by character and effect. The fragmented architecture of legal regulation leads, unsurprisingly, to complexity. The article puts forward an analytical approach that assesses how labour law’s …

Best Friend, False Friend: The “Favour” Rule In Comparative Labour Law, Luca Ratti

Comparative Labor Law & Policy Journal

Employment relationships can be governed by multiple legal frameworks, including statutory labour codes, collective bargaining agreements (at both enterprise and sectoral levels), and individual employment contracts. How are conflicts between these sources of law resolved? In many jurisdictions, the “favour rule” addresses such conflicts by prioritising the source that offers the greatest benefit to the employee. This rule aims to prevent employers from leveraging their superior bargaining power in individual contracts to undercut more favourable terms established through collective bargaining. However, comparative analysis reveals that the scope of the favour rule is narrowing in some jurisdictions, where it is increasingly …

Meeting Mandates In A New Labour Federalism: Opportunities And Challenges, Jake Barnes, Hana Shepherd, Janice Fine

Comparative Labor Law & Policy Journal

Worker advocates seeking to affect labour policy change in the United States have shifted their attention and energy to states and localities in a move that has been called the “new labour federalism.” new labour federalism has broadened the scope of public worker protections, while also making the enforcement of those protections even more necessary. In this article, we draw on interviews with agencies and advocates, analysis of agency enforcement data, violation estimates, and publicly available information to understand better how federalism has created both opportunities and challenges for workers, employers, and agencies tasked with enforcing employment standards. We contextualise …

The Fragmentation Of French Collective Bargaining, Nicolas Moizard

Comparative Labor Law & Policy Journal

Since the 1980s, collective bargaining in France has transitioned from a centralised model based on national labour laws and sectoral agreements to a decentralised system emphasising company-level agreements. Historically, law, and sectoral agreements provided strong, uniform worker protections, but reforms, including President Emmanuel Macron’s 2017 executive orders, have allowed company agreements to override sectoral agreements and legislation, even when less favourable to employees. This shift aims to enhance flexibility and competitiveness but has fragmented protections. Small companies increasingly use direct referendums to approve agreements without formal negotiation, leading to reduced protections such as longer hours and lower pay. Many companies …

The Legal Framework For Sexual Harassment At Work In Australia And In Québec: Case Studies Of Complexity And Its Countervailing Forces, Rachel Cox

Comparative Labor Law & Policy Journal

This paper analyses the complex legal framework for sexual harassment at work in Australia and Québec using Peter Schuck’s (1992) definition of complexity and drawing on Alejandro Camacho and Robert Glicksman’s (2019) model of the dimensions of authority and how they combine with the different functions an authority carries out.

In both Australia and Québec, overlapping institutions and approaches can improve enforcement, especially when they are coordinated. overlap is less likely to improve matters if the focus is on standard-setting, where uniformity is important to ensure the clarity, transparency, and legitimacy of the rules for duty holders and workers.

Harmonisation …

Rethinking The Concept Of The Employer In The Digital Economy: Corporate Fragmentation And Power Dynamics Through Labour Law And Competition Law Lenses, Silvia Rainone

Comparative Labor Law & Policy Journal

This article argues that the transformative dynamics brought along by the digital economy call for a normative rethinking of the allocation of employers’ obligations across the value chain, so as to better target the actual holders of labour market power. There is a growing mismatch between the role of the employer as typified in labour law frameworks — as the owner of productive assets and able to conduct its business autonomously — and the limited bargaining autonomy of the firms that gravitate in the ecosystems of digital tech corporations. This phenomenon can be attributed to two parallel trends. The first …

When Digital Platforms Intrude Into The Regulation Of Paid Domestic Work: The Case Of Formalisation In Argentina, Lorena Poblete

Comparative Labor Law & Policy Journal

Paid domestic work is governed simultaneously by several normative frameworks that have different sources. Traditionally, it has been regulated by what Adelle Blackett defines as the “law of the household workplace,” as well as by state law. Thus, the tension between these two normative frameworks makes effective access to rights uncertain for domestic workers, even those with formal labour contracts. In addition, when digital platforms intervene, their rules also apply. From a sociological perspective, and using the categories forged by historical institutionalism to study dynamics of institutional change, this article aims to understand how different normative systems — formal and …

Not All Fun And Games: Videogame Labour, Project-Based Workplaces And The New Citizenship At Work By Marie-Josée Legault And Johanna Weststar (Concordia University Press, 2024), Jelena Starcevic

Comparative Labor Law & Policy Journal

NOT ALL FUN AND GAMES by Marie-Josée Legault and Johanna Weststar offers a timely and in-depth exploration of labour dynamics in the video game industry, shedding light on the labour relations and working conditions of those who create one of the most popular entertainment mediums in the world: video game developers. Rich empirical data collected over the span of fifteen years through surveying and interviewing video game developers is structured around four pillars of citizenship at work to present a comprehensive and complicated array of the economic, contractual, and social elements shaping the industry, and a nuanced portrayal of a …

Platform Capital And The City: Governing Uber In Buenos Aires And Manchester, Mathew Johnson, Angel Martin-Caballero

Comparative Labor Law & Policy Journal

Recent literature has drawn attention to the various regulatory battles and flashpoints triggered by the entry of platform Transportation network Companies such as Uber and Lyft into cities around the world. Drawing on original case study analysis of Uber in Buenos Aires and Greater Manchester, we explore the increasingly complex and dynamic nature of local regulatory responses to platforms, and how they evolve over time. We develop a three-fold analytical framework that illustrates the important interactions between the competencies of local regulatory actors, the power of different interest groups, and the legitimacy of institutional rules. Our findings suggest that balancing …

The Working Sovereign: Labour And Democratic Citizenship By Axel Honneth, Translated By Daniel Steuer, Polity Press, 2024, Sergio Gamonal C

Comparative Labor Law & Policy Journal

IN THE WORKING SOVEREIGN: Labour and Democratic Citizenship, Axel Honneth reflects on the importance of labour in democratic life. Honneth rescues a lost tradition, and I believe this work will be very relevant to labour law.

Law School News: Destined For Law: From Legal Dream To Valedictorian 05-13-2025, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

A Modern Witch Hunt: America’S Past And Future Of Mass Hysteria And Its Emergence In Contemporaneous Abortion Politics, Makayla Reynolds

DePaul Law Review

No abstract provided.

The Impact Of Judicial Storytelling On The Supreme Court’S Sociological Legitimacy, Alexea Fleming

DePaul Law Review

No abstract provided.

Monochromacy Of Justice: The Global Cost Of Racial Colorblindness, Arnold Brown Jr.

DePaul Law Review

No abstract provided.

An Open Letter To Law Students On The Death Penalty, Sister Helen Prejean, Jesse Cheng

DePaul Law Review

No abstract provided.

U.S. Economic Inequality And Crime Rates At The County Level: 2018-2022, Steven R. Morrison

DePaul Law Review

No abstract provided.

Of K9s And Quadrupeds: A Cautionary Concession To Police Dogs, Elizabeth N. Jones

DePaul Law Review

No abstract provided.

Table Of Contents

DePaul Law Review

No abstract provided.

Toward A Global Consensus On The "S" In Esg: Strengthening Human Rights And Corporate Accountability Through Global Governance, Emma O'Connor

Pace International Law Review

This paper argues that the international community, led by the United Nations, must develop a coherent global framework for the “S” in Environmental, Social, Governance (ESG) to strengthen corporate accountability and human rights protections. While environmental metrics in ESG have gained global traction, the social pillar remains fragmented, inconsistently defined, and weakly enforced, opening the door to impact washing, where companies misrepresent or exaggerate their positive social impact. Drawing from international, regional, and domestic case studies, this paper illustrates how this incoherence leads to economic, ethical, and operational harms for businesses and the global community. It argues that public governance …

Prioritizing Peace: Elevating Women Influencers In Global Governance, Stacy H. Runia

Pace International Law Review

No abstract provided.